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Home My WebLink AboutSP-19-50 - Supplemental - 1068 Williston Road (68)IRREVOCABLE OFFER OF DEDICATION This Irrevocable Offer of Dedication is made and entered into by and among Champlain School Apartments Partnership, LLC, a Vermont limited liability company with a place of business in the City of Burlington, County of Chittenden and State of Vermont (“CSAP”), and the City of South Burlington, a Vermont municipality situated in the County of Chittenden and State of Vermont (the “City”). WITNESSETH: WHEREAS, CSAP is the owner of certain real property located at 1068 Williston Road in the City of South Burlington (the “Property”), shown on a plan entitled "Holiday Inn Redevelopment, 1068 Shelburne Rd. South Burlington, Vermont" prepared by VHB, dated October xx, 2019 and recorded in Map Volume ___ at Pages ___ of the City of South Burlington Land Records, having acquired title to such Property by virtue of the following: limited warranty deed of xxxxx dated xxxxxx, recorded xxxxx in Book xxxx at Page xxxx of the City of South Burlington Land Records; and WHEREAS, CSAP is the Applicant of City Site Plan Application #xx-xx-xx (the “Application”) to construct the Holiday Inn Redevelopment Project, consisting of construction of anew 101 Room 5-Story Hotel, and renovation of the Existing Holiday Inn Building and Lobby, construction of a new City street, and associate site, parking and landscape improvements ; and WHEREAS, the City’s Administrative Officer issued its Findings of Fact and Decision to approve the Applications dated xxxxxxx, which Decision included the following condition of approval: “insert xxxxxx conditions here” WHEREAS, CSAP proposes to satisfy the above-described condition of approval by hereby irrevocably offering to dedicate to the City all of its rights, title and interest in and to the roadway depicted on Exhibit xxxx hereto as “Limits of Proposed Offer of Dedication,” said offer to be held in escrow by the City and to be accepted as needed in the City’s discretion, but only in the event that City first determines that the roadway is not maintained in a condition satisfactory to the City by Martin’s Foods, its successors and assigns; and WHEREAS, the above-described roadway is to be dedicated to the City free and clear of all encumbrances; and WHEREAS, CSAP has delivered an executed warranty deed to the City for the above described offer of dedicated conveyance. NOW, THEREFORE, in consideration of the City entering into this Offer of Dedication with CSAP, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CSAP hereby grants and conveys to the City the following: 1. CSAP does hereby irrevocably offer to dedicate and convey unto the City an easement deed including the roadway, as depicted on xxxxxx, conveying to the City…..xxxxxx 2. CSAP specifically acknowledges and agrees that the Irrevocable Offer of Dedication referenced in Paragraph 1 above is irrevocable and that the described conveyance may be accepted by the City at any time after the City has found that the roadway maintenance is no longer satisfactory, and that nothing herein obligates the City to accept the offered conveyance. Notwithstanding any of the foregoing, CSAP may at any time prior to the acceptance by the City of the offered conveyance, propose via an application to the City, to realign or redevelop the roadway or the property without encumbrance by this Offer of Dedication. 3. This Irrevocable Offer of Dedication shall run with the land and shall be binding upon all assigns, grantees, and/or successors of CSAP Dated this _______ of __________________, 20xx. Champlain School Apartments Partnership, LLC By ___________________________ Its Duly Authorized Agent STATE OF ________________ ________________________COUNTY, SS At _____________________, this __ day of ______________, 20xx, personally appeared _________________, Duly Authorized Agent of Champlain School Apartments Partnership, LLC, and he/she acknowledged the within instrument, by him/her signed, to be his/her free act and deed and the free act and deed of Champlain School Apartments Partnership, LLC Before me, ______________________________ Notary Public My Commission Expires: CITY OF SOUTH BURLINGTON By _____________________________ Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS At South Burlington, this __ day of ______________, 20xx, personally appeared _________________, Duly Authorized Agent of the City of South Burlington and he/she acknowledged the within instrument, by him/her signed, to be his/her free act and deed of the City of South Burlington. Before me, ______________________________ Notary Public My Commission Expires: 2/10/xx EXHIBIT A WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS that Champlain School Apartments Partnership, a corporration with a place of business in the City of South Burlington, County of Chittenden and State of Vermont (“Grantor”), in consideration of TEN AND MORE DOLLARS paid to its full satisfaction by the City of South Burlington, a Vermont municipality situated in the County of Chittenden and State of Vermont (“Grantee”), does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, the City of South Burlington, and its successors and assigns forever, certain lands and premises located in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: Being a strip of land located on the east side of the subject property at 1068 Williston Road, said strip of land located within the “Limits of Proposed Offer of Dedication” depicted on the plan entitled "xxxxxxxx South Burlington, Vermont, Exhibit B" prepared by VHB, dated xx/xx/xx and recorded in Map Volume ___ at Pages ___ of the City of South Burlington Land Records (the “Plan”). This strip of land generally follows the alignment of the driveway labeled “Future City Street” which runs between xxxxx, all as depicted on the Plan. Reserving to the Grantor, its successors and assigns, the right to install utility lines and fixtures over, under and within the roadway so long as such utility lines do not interfere with the use of said roadway as a public road and the roadway is diligently restored to good and passable condition after any such installation. This conveyance is made subject to and with the benefit of any utility easements, spring rights, easements for ingress and egress, and rights incident to each as may more particularly appear of record, provided, however, that this paragraph shall not reinstate any such interest or encumbrance previously extinguished by the Marketable Record Title Act as set forth in Title 27 V.S.A. §601, et seq., and any amendments thereto. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, the City of South Burlington, and its successors and assigns, to their own use and behoof forever; And, the said Grantor, Champlain School Apartments Partnership, for itself and its successors and assigns, does covenant with the said Grantee, the City of South Burlington, and its successors and assigns, that until the ensealing of these presents it is the sole owner of the land and premises, and has good right and title to convey the same in manner aforesaid, and that they are FREE FROM EVERY ENCUMBRANCE except as aforesaid. And the said Grantor, Champlain School Apartments Partnership, LLC, hereby engages to WARRANT AND DEFEND the same against all lawful claims whatsoever, except as aforesaid. [signature appears on following page] IN WITNESS WHEREOF, Champlain School Apartments Partnership, has caused this instrument to be sealed and subscribed this ____ day of _________, 20xxx. Champlain School Apartments Partnership By ___________________________ Its Duly Authorized Agent STATE OF _____________ _________________ COUNTY, ss. At _____________________, this __ day of ______________, 20xx, personally appeared _________________, Duly Authorized Agent of Champlain School Apartments Partnership, and he/she acknowledged the within instrument, by him/her signed, to be his/her free act and deed and the free act and deed of Champlain School Apartments Partnership, LLC Before me, ________________________________ Notary Public Commission Expires: EXHIBIT B 17795784.5